Can a Portion of a Will be Invalid
Video Summary
Can a portion of a well be invalid? The answer is yes. it can be. One of the reasons I primarily see it being invalid is whenever you make out a will, husband and wife and you leave everything to your spouse, and then you later get divorced, the law provides that, portion of the will, where you left everything to your wife is ineffective. A divorce interprets the will as if the ex-spouse predeceased you. And it would go to the alternate beneficiaries. Another reason is, if you put some provision in your will as to your homestead property, and you don’t leave it outright to your spouse, or if you have minor children, you try and devise it to someone. That portion of your will may be invalid since the Florida constitution governs who you can leave your home to, what you can leave to and to whom. And so, that may be another reason why a portion of the will would be invalid. Another one, which we don’t see very often is whenever you have a device against public policy, an example of that says, well, I leave, $10,000 to my daughter provided that she does not get married. And so that would be a, the buys would still be valid, because that would be a provision against public policy. So if you have any questions, give me a call its (727) 847-2288.
Does A Durable POA Enable The Sale A Home Without The Owner’s Consent?
Video Summary
Does a durable power of attorney enable the sale of a home without the owner’s consent? The answer is yes, a power of attorney appoints an agent to act in behalf of someone. So that person is supposed to act in behalf of in this case, an owner for their benefit. And so they’re authorized by the power of attorney to sign the documents, which are authorized in the power of attorney. They’re usually very thorough if they’re prepared and they’re prepared and would authorize the person and they’re now called agents rather than attorney in fact, to sign in behalf of the owner and the owner has consented by executing the power of attorney and putting their trust in the agent attorney. In fact, you any questions about a power of attorney give me a call (727) 847-2288.
- Published in Real Estate – Selling, Videos, Wills
What Makes Will Invalid?
Video Summary
What makes a will invalid? The primary reason why a will may not be valid is because it has not been executed in the presence of two different witnesses and in the presence of the person making the will. That person’s called a test dater and all three persons have to be present and sign in the presence of each other for the will to be valid. There are other reasons that a will, can be invalid as if the person does lacks the mental capacity to make a will. And that’s a very low threshold and that they only need to know who their relatives are and what kind of assets which they own in order to be able to make out a will. The third way to that a will, may be invalid is if it was procured by undue influence. In other words, someone made them or influenced them to make a, will naming them, usually the influencer as the beneficiary of the will. So those are the three primary reasons for why a will would be invalid. If you have any questions about that, you can give me a call at (727) 847-2288.
- Published in Estate Planning, Probate, Videos, Wills
How Does A Real Estate Deed Need to Be Formatted?
Video Summary
How does the real estate deed need to be formatted? Well, the first thing you have to do is, show who the grantor is, or the person who owns the property, whose conveying it to someone else. That person that they’re conveying it to is called a grantee. We need to have their name in the deed and we also need their address. Then you next need to show that it’s what the consideration is, whether it be $10 or it’s a gift or the dollar amount that the, this transfer is being made for, then you need to put in a good legal description, just not what the property appraises says it is or what the street address is. You need the legal description in it. Then, you need to have magic words in, in the deeds of conveyance, such as they grant convey transfer. So quick claim, all of those indicate that your transfer, the title, and then you have the legal description. Then the deed must be signed the presence of two different witnesses. And then you have to have an acknowledgement. That’s not a, a sworn statement, but an acknowledgement by the person doing the conveyance, the deed needs to be signed the presence of these two witnesses. So that’s the format for a deed in Florida. If anyone’s viewing this outside the state of Florida, I am not telling you what’s required in those states, but that’s pretty much the format that you need for a deed. I know the, the clerk of the court may require the grant tour to put their address in the property. We also put down the marital status of the grant tour and that if it’s his home, he needs to be single, or if not, he needs to have his spouse join in the deed to convey property and show that their husband and wife, or if he’s single or just what his status is. So if you have any questions about, the deeds, uh, give me a call at (727) 847-2288.
- Published in Real Estate, Videos, Wills
I Live on My Mom’s Property, She Died Do I Have Squatters Rights?
Video Summary
I live on my mom’s property and she died. Do I have squatter’s rights? The answer is no. You do not have any squatter’s rights. As far as living on her property, her estate would need to be probated, in order to determine who she left the property to, and whoever is the owner. And hopefully if you are an owner, you do have the beneficiary so that you would wind up being the owner of her property. As an owner, you have a right to maintain possession of the property, as non exclusive. So, if however, you are not a beneficiary and it passes to someone other than yourself or to other parties, other than yourself, they would have a right to have you removed. That’s called an unlawful detainer action, which is a, basically an eviction of someone who is not a tenant. And so you do not have any squats rights, not that squatters have any rights, to stay on the property. If you’re not, the owner of the property, or have rented the property. If you have any questions, give me a call. Its 727) 847-2288.
- Published in Real Estate, Videos, Wills